NY State Senate Bill 2023-S9699

Senate Bill S9699

2023-2024 Legislative Session

Permits certain home repairs to be financed in conjunction with accessibility improvements through the access to home program

download bill text pdf

Current Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	returned to senate passed assembly ordered to third reading rules cal.424 substituted for a10457 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1730 committee discharged and committed to rules
May 24, 2024	print number 9699a
May 24, 2024	amend and recommit to housing, construction and community development
May 22, 2024	referred to housing, construction and community development

Votes

- Jun 4, 2024 - Floor Vote
  S9699
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Skoufis
      
      excused (1)
      
      Walczyk
  Jun 4, 2024 - Rules Committee Vote
  S9699
  
  18
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2024
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza

Bill Amendments

Original

A (Active)

2023-S9699 - Details

Law Section:: Private Housing Finance Law
Laws Affected:: Amd §§1201, 1202, 1271 & 1272, Priv Hous Fin L

2023-S9699 - Summary

Permits certain home repairs to be financed in conjunction with accessibility improvements through the access to home program.

2023-S9699 - Sponsor Memo

                                 
BILL NUMBER: S9699

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the private housing finance law, in relation to permit-
ting certain home repairs to be financed in conjunction with accessibil-
ity improvements through the access to home program

 
PURPOSE OF THE BILL:

The bill would amend the Access to Home and Access to Home for Heroes
programs to permit home repairs related to habitability to be financed
with program funds in conjunction with accessibility improvements. The
bill would contain a cost ratio cap between the repairs and the modifi-
cations and would increase the administrative costs that can be paid to
service providers.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of Section 1201 of the
Private Housing Finance Law to permit home repairs to be financed with

Access to Home program funds in conjunction with accessibility improve-
ments as long as the home repairs are related to habitability.

Section 2 of the bill amends Section 1202 of the Private Housing Finance
Law to incorporate the allowance for home repairs to be financed with
Access to Home program funds in conjunction with accessibility improve-
ments as long as the home repairs are related to habitability, cap
permissible home repair costs at sixty percent of the Access to Home
program grant or loan, and increase the approved administrative costs to
twelve percent of the Access to Home contract amount.

Section 3 of the bill amends Subdivision 5 of Section 1271 of the
Private Housing Finance Law to permit home repairs to be financed with
Access to Home for Heroes program funds in conjunction with accessibil-
ity improvements as long as the home repairs are related to habitabili-
ty.

Section 4 of the bill amends Section 1272 of the Private Housing Finance
Law to incorporate the allowance for home repairs to be financed with
Access to Home for Heroes program funds in conjunction with accessibil-
ity improvements as long as the home repairs are related to habitabili-
ty, cap permissible home repair costs at sixty percent of the Access to
Home for Heroes program grant or loan, and increase the approved admin-
istrative costs to twelve percent of the Access to Home for Heroes
contract amount.

Section 5 of the bill provides that the bill will take effect on the
ninetieth day after it shall have become a law.

 
JUSTIFICATION:

Many homeowners with disabilities live in homes that require modifica-
tions for accessibility and repairs for health and safety purposes. The
Access to Home and Access to Home for Heroes programs were implemented
to assist funding the cost of accessibility modifications, enabling low-
and moderate-income people with disabilities to continue living safely
and comfortably in their homes.
While the Access to Home and Access to Home for Heroes programs have
provided funding to complete these accessibility modifications, both
programs have the shortcoming of not allowing funding to be used for
necessary home repairs. For example, a homeowner could receive funding
to install a roll-in shower, but they could not use any portion of that
funding to repair nonfunctioning plumbing.

This bill would fill the gap and permit home repairs related to habita-
bility to be financed along with accessibility adaptations.  Filling
this gap will remove health and safety risks, enabling people with disa-
bilities to remain in their homes. In addition, the expansion of funding
will allow individuals with disabilities to take care of multiple major
projects at once, rather than having to cobble together improvements
from different contractors, potentially increasing complexity, cost, and
disturbance to the homeowner's life.

Finally, the increased administrative costs will entice more nonprofit
organizations to administer the program, thereby expanding the geograph-
ic scope of the program, which will provide additional funding to indi-
viduals with disabilities.

While providing access to critical home repairs is a key component in
removing health and safety risks in the homes of people with disabili-
ties, the Access to Home and Access to Home for Heroes programs remain
primarily focused on providing funding for accessibility modifications,
and no home repairs could be financed unless in conjunction with acces-
sibility improvements.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
All provisions of the bill shall be effective on the ninetieth day after
it shall have become a law.

2023-S9699 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9699
 
                             I N  S E N A T E
 
                               May 22, 2024
                                ___________
 
 Introduced  by  Sen. KAVANAGH -- (at request of the New York State Homes
   and Community Renewal) -- read twice and  ordered  printed,  and  when
   printed  to be committed to the Committee on Housing, Construction and
   Community Development
 
 AN ACT to amend the private housing finance law, in relation to  permit-
   ting  certain home repairs to be financed in conjunction with accessi-
   bility improvements through the access to home program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  1201  of the private housing
 finance law, as added by chapter 159 of the laws of 2006, is amended  to
 read as follows:
   4.  "Access  to  home  programs"  or "programs" shall mean a series of
 activities by an eligible  applicant  to  administer  funds  to  provide
 either  loans  or  grants  to  homeowners and renters and to oversee the
 adaptation  [or],  retrofitting  OR  REPAIRS  of  eligible   properties,
 PROVIDED  THAT SUCH REPAIRS ARE RELATED TO THE HABITABILITY OF AN ELIGI-
 BLE PROPERTY AND SUCH REPAIRS ARE RELATED TO THE ADAPTATION OR RETROFIT-
 TING OF AN ELIGIBLE PROPERTY.
   § 2. Section 1202 of the private housing  finance  law,  as  added  by
 chapter 159 of the laws of 2006, is amended to read as follows:
   §  1202. Access to home contracts. 1. Within the limit of funds avail-
 able in the access to home program, the corporation is hereby authorized
 to enter into contracts with eligible applicants  to  provide  financial
 assistance  for  the  actual  costs  of an access to home program.  SUCH
 COSTS MAY INCLUDE THE COSTS OF REPAIRS OF ELIGIBLE PROPERTIES,  PROVIDED
 THAT  SUCH REPAIRS ARE RELATED TO THE ADAPTATION OR RETROFITTING OF SUCH
 ELIGIBLE PROPERTIES, THAT SUCH REPAIRS ARE RELATED TO  THE  HABITABILITY
 OF  SUCH ELIGIBLE PROPERTIES, AND THAT THE ACCESS TO HOME FUNDS PROVIDED
 TO COVER THE COST OF SUCH REPAIRS DOES NOT EXCEED SIXTY PERCENT  OF  THE
 ACCESS  TO HOME PROGRAM GRANT OR LOAN. The financial assistance shall be
 either in the form of grants or loans, as the corporation  shall  deter-
 mine. No more than fifty percent of the total amount awarded pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14347-02-4

 S. 9699                             2
 
 this  article  in  any  fiscal year shall be allocated to access to home
 programs located within any single municipality.
   2.  The  total  payment  pursuant to any one contract shall not exceed
 five hundred  thousand  dollars  and  the  contract  shall  provide  for
 completion of the program within a reasonable period, as specified ther-
 ein,  which shall not in any event exceed three years from its commence-
 ment. Upon request, the corporation may extend the term of the  contract
 for  up  to  two additional one year periods for good cause shown by the
 eligible applicant.
   3. The corporation may authorize the eligible applicant to spend up to
 [seven and a half] TWELVE percent of the contract  amount  for  approved
 administrative costs associated with administering the program.
   4.  The  corporation  shall  require  that,  in order to receive funds
 pursuant to this article, the eligible applicant  shall  submit  a  plan
 which  shall include, but not be limited to, program feasibility, impact
 on the community, budget for expenditure of program  funds,  a  schedule
 for  completion of the program, affirmative action and minority business
 participation.
   § 3. Subdivision 5 of section 1271 of the private housing finance law,
 as added by section 1 of part Y of chapter 56 of the laws  of  2018,  is
 amended to read as follows:
   5.  "Access  to  home  for heroes programs" or "programs" shall mean a
 series of activities by an eligible applicant  to  administer  funds  to
 provide  grants  to homeowners and renters and to oversee the adaptation
 [or], retrofitting OR REPAIRS of eligible properties, PROVIDED THAT SUCH
 REPAIRS ARE RELATED TO THE HABITABILITY OF AN ELIGIBLE PROPERTY AND SUCH
 REPAIRS ARE RELATED TO THE ADAPTATION OR  RETROFITTING  OF  AN  ELIGIBLE
 PROPERTY.
   §  4.  Subdivisions  1  and  3  of section 1272 of the private housing
 finance law, as added by section 1 of part Y of chapter 56 of  the  laws
 of 2018, are amended to read as follows:
   1.  Within  the  limit  of  funds  available in the access to home for
 heroes program, the corporation  is  hereby  authorized  to  enter  into
 contracts  with  eligible applicants to provide financial assistance for
 the actual costs of an access to home for heroes program. SUCH COSTS MAY
 INCLUDE THE COSTS OF REPAIRS OF ELIGIBLE PROPERTIES, PROVIDED THAT  SUCH
 REPAIRS  ARE  RELATED TO THE ADAPTATION OR RETROFITTING OF SUCH ELIGIBLE
 PROPERTIES, THAT SUCH REPAIRS ARE RELATED TO THE  HABITABILITY  OF  SUCH
 ELIGIBLE  PROPERTIES,  AND  THAT  THE  ACCESS  TO  HOME FOR HEROES FUNDS
 PROVIDED TO COVER THE COST OF SUCH REPAIRS DOES NOT EXCEED SIXTY PERCENT
 OF THE ACCESS TO HOME FOR HEROES PROGRAM GRANT OR  LOAN.  The  financial
 assistance shall be in the form of grants. No more than fifty percent of
 the  total  amount  awarded  pursuant to this article in any fiscal year
 shall be allocated to access to home programs located within any  single
 municipality.
   3.  The  corporation  shall  authorize the eligible applicant to spend
 [seven and one-half] TWELVE percent of the contract amount for  approved
 administrative costs associated with administering the program.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2023-S9699A (ACTIVE) - Details

Law Section:: Private Housing Finance Law
Laws Affected:: Amd §§1201, 1202, 1271 & 1272, Priv Hous Fin L

2023-S9699A (ACTIVE) - Summary

Permits certain home repairs to be financed in conjunction with accessibility improvements through the access to home program.

2023-S9699A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9699A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the private housing finance law, in relation to permit-
ting certain home repairs to be financed in conjunction with accessibil-
ity improvements through the access to home program

 
PURPOSE OF THE BILL:

The bill would amend the Access to Home and Access to Home for Heroes
programs to permit home repairs related to habitability to be financed
with program funds in conjunction with accessibility improvements. The
bill would contain a cost ratio cap between the repairs and the modifi-
cations and would increase the administrative costs that can be paid to
service providers.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 4 of Section 1201 of the
Private Housing Finance Law to permit home repairs to be financed with

Access to Home program funds in conjunction with accessibility improve-
ments as long as the home repairs are related to habitability.

Section 2 of the bill amends Section 1202 of the Private Housing Finance
Law to incorporate the allowance for home repairs to be financed with
Access to Home program funds in conjunction with accessibility improve-
ments as long as the home repairs are related to habitability, cap
permissible home repair costs at sixty percent of the Access to Home
program grant or loan, and increase the approved administrative costs to
ten percent of the Access to Home contract amount.

Section 3 of the bill amends Subdivision 5 of Section 1271 of the
Private Housing Finance Law to permit home repairs to be financed with
Access to Home for Heroes program funds in conjunction with accessibil-
ity improvements as long as the home repairs are related to habitabili-
ty.

Section 4 of the bill amends Section 1272 of the Private Housing Finance
Law to incorporate the allowance for home repairs to be financed with
Access to Home for Heroes program funds in conjunction with accessibil-
ity improvements as long as the home repairs are related to habitabili-
ty, cap permissible home repair costs at sixty percent of the Access to
Home for Heroes program grant or loan, and increase the approved admin-
istrative costs to ten percent of the Access to Home for Heroes contract
amount.

Section 5 of the bill provides that the bill will take effect on the
ninetieth day after it shall have become a law.

 
JUSTIFICATION:

Many homeowners with disabilities live in homes that require modifica-
tions for accessibility' and repairs for health and safety purposes. The
Access to Home and Access to Home for Heroes programs were implemented
to assist funding the cost of accessibility modifications, enabling low-
and moderate-income people with disabilities to continue living safely
and comfortably in their homes.
While the Access to Home and Access to Home for Heroes programs have
provided funding to complete these accessibility modifications, both
programs have the shortcoming of not allowing funding to be used for
necessary home repairs. For example, a homeowner could receive funding
to install a roll-in shower, but they could not use any portion of that
funding to repair nonfunctioning plumbing.

This bill would fill the gap and permit home repairs related to habita-
bility to be financed along with accessibility adaptations.  Filling
this gap will remove health and safety risks, enabling people with disa-
bilities to remain in their homes. In addition, the expansion of funding
will allow individuals with disabilities to take care of multiple major
projects at once, rather than having to cobble together improvements
from different contractors, potentially increasing complexity, cost, and
disturbance to the homeowner's life.

Finally, the increased administrative costs will entice more nonprofit
organizations to administer the program, thereby expanding the geograph-
ic scope of the program, which will provide additional funding to indi-
viduals with disabilities.

While providing access to critical home repairs is a key component in
removing health and safety risks in the homes of people with disabili-
ties, the Access to Home and Access to Home for Heroes programs remain
primarily focused on providing funding for accessibility modifications,
and no home repairs could be financed unless in conjunction with acces-
sibility, improvements.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
All provisions of the bill shall be effective on the ninetieth day after
it shall have become a law.

2023-S9699A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9699--A
 
                             I N  S E N A T E
 
                               May 22, 2024
                                ___________
 
 Introduced  by  Sen. KAVANAGH -- (at request of the New York State Homes
   and Community Renewal) -- read twice and  ordered  printed,  and  when
   printed  to be committed to the Committee on Housing, Construction and
   Community Development -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the private housing finance law, in relation to permit-
   ting certain home repairs to be financed in conjunction with  accessi-
   bility improvements through the access to home program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4  of  section  1201  of  the  private  housing
 finance  law, as added by chapter 159 of the laws of 2006, is amended to
 read as follows:
   4. "Access to home programs" or "programs"  shall  mean  a  series  of
 activities  by  an  eligible  applicant  to  administer funds to provide
 either loans or grants to homeowners and  renters  and  to  oversee  the
 adaptation   [or],  retrofitting  OR  REPAIRS  of  eligible  properties,
 PROVIDED THAT SUCH REPAIRS ARE RELATED TO THE HABITABILITY OF AN  ELIGI-
 BLE PROPERTY AND SUCH REPAIRS ARE RELATED TO THE ADAPTATION OR RETROFIT-
 TING OF AN ELIGIBLE PROPERTY.
   §  2.  Section  1202  of  the private housing finance law, as added by
 chapter 159 of the laws of 2006, is amended to read as follows:
   § 1202. Access to home contracts. 1. Within the limit of funds  avail-
 able in the access to home program, the corporation is hereby authorized
 to  enter  into  contracts with eligible applicants to provide financial
 assistance for the actual costs of an access  to  home  program.    SUCH
 COSTS  MAY INCLUDE THE COSTS OF REPAIRS OF ELIGIBLE PROPERTIES, PROVIDED
 THAT SUCH REPAIRS ARE RELATED TO THE ADAPTATION OR RETROFITTING OF  SUCH
 ELIGIBLE  PROPERTIES,  THAT SUCH REPAIRS ARE RELATED TO THE HABITABILITY
 OF SUCH ELIGIBLE PROPERTIES, AND THAT THE ACCESS TO HOME FUNDS  PROVIDED
 TO  COVER  THE COST OF SUCH REPAIRS DOES NOT EXCEED SIXTY PERCENT OF THE
 ACCESS TO HOME PROGRAM GRANT OR LOAN. The financial assistance shall  be
 either  in  the form of grants or loans, as the corporation shall deter-
 mine. No more than fifty percent of the total amount awarded pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14347-03-4
 S. 9699--A                          2
 
 this article in any fiscal year shall be allocated  to  access  to  home
 programs located within any single municipality.
   2.  The  total  payment  pursuant to any one contract shall not exceed
 five hundred  thousand  dollars  and  the  contract  shall  provide  for
 completion of the program within a reasonable period, as specified ther-
 ein,  which shall not in any event exceed three years from its commence-
 ment. Upon request, the corporation may extend the term of the  contract
 for  up  to  two additional one year periods for good cause shown by the
 eligible applicant.
   3. The corporation may authorize the eligible applicant to spend up to
 [seven and a half] TEN percent  of  the  contract  amount  for  approved
 administrative costs associated with administering the program.
   4.  The  corporation  shall  require  that,  in order to receive funds
 pursuant to this article, the eligible applicant  shall  submit  a  plan
 which  shall include, but not be limited to, program feasibility, impact
 on the community, budget for expenditure of program  funds,  a  schedule
 for  completion of the program, affirmative action and minority business
 participation.
   § 3. Subdivision 5 of section 1271 of the private housing finance law,
 as added by section 1 of part Y of chapter 56 of the laws  of  2018,  is
 amended to read as follows:
   5.  "Access  to  home  for heroes programs" or "programs" shall mean a
 series of activities by an eligible applicant  to  administer  funds  to
 provide  grants  to homeowners and renters and to oversee the adaptation
 [or], retrofitting OR REPAIRS of eligible properties, PROVIDED THAT SUCH
 REPAIRS ARE RELATED TO THE HABITABILITY OF AN ELIGIBLE PROPERTY AND SUCH
 REPAIRS ARE RELATED TO THE ADAPTATION OR  RETROFITTING  OF  AN  ELIGIBLE
 PROPERTY.
   §  4.  Subdivisions  1  and  3  of section 1272 of the private housing
 finance law, as added by section 1 of part Y of chapter 56 of  the  laws
 of 2018, are amended to read as follows:
   1.  Within  the  limit  of  funds  available in the access to home for
 heroes program, the corporation  is  hereby  authorized  to  enter  into
 contracts  with  eligible applicants to provide financial assistance for
 the actual costs of an access to home for heroes program. SUCH COSTS MAY
 INCLUDE THE COSTS OF REPAIRS OF ELIGIBLE PROPERTIES, PROVIDED THAT  SUCH
 REPAIRS  ARE  RELATED TO THE ADAPTATION OR RETROFITTING OF SUCH ELIGIBLE
 PROPERTIES, THAT SUCH REPAIRS ARE RELATED TO THE  HABITABILITY  OF  SUCH
 ELIGIBLE  PROPERTIES,  AND  THAT  THE  ACCESS  TO  HOME FOR HEROES FUNDS
 PROVIDED TO COVER THE COST OF SUCH REPAIRS DOES NOT EXCEED SIXTY PERCENT
 OF THE ACCESS TO HOME FOR HEROES PROGRAM GRANT OR  LOAN.  The  financial
 assistance shall be in the form of grants. No more than fifty percent of
 the  total  amount  awarded  pursuant to this article in any fiscal year
 shall be allocated to access to home programs located within any  single
 municipality.
   3.  The  corporation  shall  authorize the eligible applicant to spend
 [seven and one-half] TEN percent of the  contract  amount  for  approved
 administrative costs associated with administering the program.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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